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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
762
BY
EDUCATION
COMMITTEE
AN
ACT
1
RELATING
TO
EDUCATION;
AMENDING
SECTION
33
-
5206,
IDAHO
CODE,
TO
REVISE
PRO
-
2
VISIONS
REGARDING
ADMISSION
PROCEDURES
AT
PUBLIC
CHARTER
SCHOOLS;
AND
3
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
33
-
5206,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
33
-
5206.
REQUIREMENTS
FOR
OPERATING
A
PUBLIC
CHARTER
SCHOOL.
(1)
A
8
public
charter
school
shall
be
nonsectarian
in
its
programs,
affiliations,
9
admission
policies,
employment
practices,
and
all
other
operations,
shall
10
not
charge
tuition,
levy
taxes,
or
issue
bonds,
and
shall
not
discriminate
1
1
against
any
student
on
any
basis
prohibited
by
the
federal
or
state
consti
-
12
tution
or
any
federal,
state,
or
local
law.
Public
charter
schools
shall
13
comply
with
the
federal
individuals
with
disabilities
education
act.
Ad
-
14
mission
to
a
public
charter
school
shall
not
be
determined
according
to
the
15
place
of
residence
of
the
student
or
of
the
student's
parent
or
guardian
16
within
the
district.
17
(2)
No
board
of
trustees
of
a
public
school
district
may
require:
18
(a)
Any
employee
of
the
school
district
to
be
involuntarily
assigned
to
19
work
in
a
public
charter
school;
or
20
(b)
Any
student
enrolled
in
the
school
district
to
attend
a
public
char
-
21
ter
school.
22
(3)
Employment
of
charter
school
teachers
and
administrators
shall
be
23
on
written
contract.
24
(4)
Administrators
may
be
certified
pursuant
to
the
requirements
set
25
forth
in
chapter
12,
title
33,
Idaho
Code,
pertaining
to
traditional
public
26
schools
or
may
hold
a
charter
school
administrator
certificate,
which
re
-
27
quires
that
the
administrator:
28
(a)
Holds
a
bachelor's
degree
from
an
accredited
four
(4)
year
institu
-
29
tion;
30
(b)
Submits
to
a
criminal
history
check
as
described
in
section
33
-
130,
31
Idaho
Code;
32
(c)
Completes
a
course
consisting
of
a
minimum
of
three
(3)
semester
33
credits
in
the
statewide
framework
for
teacher
evaluations,
which
shall
34
include
a
laboratory
component;
35
(d)
Submits
a
letter
of
support
from
a
charter
holder;
and
36
(e)
Has
one
(1)
or
more
of
the
following:
37
(i)
Four
(4)
or
more
years
of
experience
administering
a
public
38
charter
school;
39
(ii)
A
postbaccalaureate
degree
and
a
minimum
of
five
(5)
years
40
of
experience
in
school
administration,
public
administration,
41
business
administration,
or
military
administration;
42
2
(iii)
Successful
completion
of
a
nationally
recognized
charter
1
school
leaders
fellowship;
or
2
(iv)
Four
(4)
or
more
years
of
teaching
experience
and
a
commit
-
3
ment
from
an
administrator
at
a
charter
school
in
academic,
op
-
4
erational,
and
financial
good
standing,
according
to
its
autho
-
5
rizer's
most
recent
review,
to
mentor
the
applicant
for
a
minimum
6
of
one
(1)
year.
7
(5)
A
charter
school
administrator
certificate
is
valid
for
five
(5)
8
years
and
renewable
thereafter.
Administrators
shall
be
subject
to
over
-
9
sight
by
the
professional
standards
commission.
Certificates
may
be
revoked
10
pursuant
to
the
provisions
of
section
33
-
1208,
Idaho
Code.
Issuance
of
a
1
1
certificate
to
any
applicant
may
be
refused
for
such
reason
as
would
have
12
constituted
grounds
for
revocation.
13
(6)
Certified
teachers
in
a
public
charter
school
shall
be
considered
14
public
school
teachers.
Educational
experience
shall
accrue
for
service
in
15
a
public
charter
school
and
be
counted
by
any
school
district
for
any
teacher
16
who
has
been
employed
in
a
public
charter
school.
The
staff
of
the
public
17
charter
school
shall
be
considered
a
separate
unit
for
the
purposes
of
col
-
18
lective
bargaining.
19
(7)
Charter
school
teachers
may
be
certified
pursuant
to
the
require
-
20
ments
set
forth
in
chapter
12,
title
33,
Idaho
Code,
pertaining
to
tradi
-
21
tional
public
school
districts
or
may
hold
a
charter
school
-
specific
teach
-
22
ing
certificate.
23
(a)
Criteria
for
a
charter
school
-
specific
teaching
certificate
shall
24
be
in
writing
and
require
that
teachers
satisfy
the
provisions
set
forth
25
in
section
33
-
1202
1.,
3.,
and
4.,
Idaho
Code,
and
meet
the
following
26
minimum
educational
or
professional
qualifications:
27
(i)
Hold
a
bachelor's
degree
from
an
accredited
institution;
or
28
(ii)
If
instructing
students
in
the
fields
of
career
technical
29
education,
satisfy
the
provisions
of
section
33
-
2205(6)(a),
Idaho
30
Code.
Career
technical
education
programs
taught
by
teachers
31
with
a
charter
school
-
specific
teaching
certificate
shall
receive
32
added
-
cost
funding
set
forth
in
section
33
-
2215,
Idaho
Code,
in
an
33
amount
equal
to
programs
taught
by
teachers
with
an
occupational
34
specialist
teaching
certificate.
35
(b)
Teachers
with
a
charter
school
-
specific
teaching
certificate
shall
36
receive
mentoring
and
professional
development
as
approved
by
the
char
-
37
ter
holder.
38
(c)
The
state
board
of
education
shall
issue
charter
school
-
specific
39
teaching
certificates
to
teachers
upon
recommendation
of
the
individ
-
40
ual
charter
school,
unless
denied
on
the
grounds
set
forth
in
section
41
33
-
1208,
Idaho
Code.
42
(d)
For
teachers
holding
a
charter
school
-
specific
teaching
certifi
-
43
cate,
a
charter
school
may
substitute
its
own
ongoing
education
and
pro
-
44
fessional
development
requirements
in
place
of
those
set
forth
in
rule
45
by
the
state
board
of
education
if
the
same
number
of
credit
hours
is
46
required
as
that
of
teachers
holding
a
standard
instructional
certifi
-
47
cate.
48
(8)
Public
charter
schools
may
contract
with
educational
services
49
providers
subject
to
the
following
provisions:
50
3
(a)
Educational
services
providers
shall
be
third
-
party
entities
sepa
-
1
rate
from
the
public
charter
schools
with
which
they
contract
and
shall
2
not
be
considered
governmental
entities,
provided
that
such
contracts
3
may
be
evaluated
by
the
authorizer;
4
(b)
No
more
than
one
-
third
(1/3)
of
the
public
charter
school's
board
5
membership
may
be
comprised
of
nonprofit
educational
services
provider
6
representatives.
Nonprofit
educational
services
provider
repre
-
7
sentatives
may
not
be
employees
of
the
public
charter
school
or
the
8
educational
services
provider
and
may
not
hold
office
as
president
or
9
treasurer
on
the
public
charter
school's
board.
For
-
profit
educational
10
services
providers
may
not
have
representatives
on
the
public
charter
1
1
school's
board
of
directors;
12
(c)
Charter
holders
shall
annually
disclose
any
existing
and
potential
13
conflicts
of
interest,
pecuniary
or
otherwise,
with
affiliated
educa
-
14
tional
services
providers;
15
(d)
Charter
holders
shall
retain
accountability
for
academic,
fiscal,
16
and
organizational
operations
and
outcomes
of
the
school
and
may
not
re
-
17
linquish
this
responsibility
to
any
other
entity;
18
(e)
Contracts
must
ensure
that
school
boards
retain
the
right
to
termi
-
19
nate
the
contract
for
failure
to
meet
defined
performance
standards
af
-
20
ter
notice
and
a
reasonable
cure
period
has
expired
and
if
material
de
-
21
ficiencies
have
not
been
cured
prior
to
that
time
period
expiring;
22
(f)
Contracts
must
ensure
that
assets
purchased
by
educational
ser
-
23
vices
providers
on
behalf
of
the
school,
using
public
funds,
shall
24
remain
assets
of
the
school.
The
provisions
of
this
paragraph
shall
25
not
prevent
educational
services
providers
from
acquiring
assets
using
26
revenue
acquired
through
management
fees;
27
(g)
Charter
holders
shall
consult
legal
counsel
independent
of
the
28
party
with
whom
they
are
contracting
for
purposes
of
reviewing
the
29
school's
management
contract
and
facility
lease
or
purchase
agreements
30
to
ensure
compliance
with
applicable
state
and
federal
law,
including
31
requirements
that
state
entities
not
enter
into
contracts
that
obligate
32
them
beyond
the
terms
of
any
appropriation
of
funds
by
the
state
legis
-
33
lature;
34
(h)
Charter
holders
must
ensure
that
their
facility
contracts
are
sepa
-
35
rate
from
management
contracts;
and
36
(i)
A
virtual
school
shall
be
deemed
financially
sufficient
if
there
is
37
an
agreement
that
requires
an
educational
services
provider
to
assume
38
the
virtual
school's
financial
risk
when
it
does
not
have
sufficient
39
residual
funds
to
pay
the
educational
services
provider.
Where
this
40
paragraph
is
applicable,
the
educational
services
provider
shall
make
41
its
audited
financial
statements
available,
unless
the
educational
42
services
provider
already
makes
such
audited
financial
statements
pub
-
43
licly
available
for
compliance
with
other
federal
or
state
laws.
44
(9)
Admission
procedures,
including
provision
for
over
-
enrollment,
45
shall
provide
that
the
initial
admission
procedures
for
a
public
charter
46
school
will
be
determined
by
lottery
or
other
random
method,
except
as
oth
-
47
erwise
provided
in
this
section.
A
charter
holder
shall
strive
to
ensure
48
that
citizens
in
the
primary
attendance
area
are
made
aware
of
the
enrollment
49
opportunities
and
deadline.
The
public
notice
must
include
the
enrollment
50
4
deadline,
the
public
charter
school's
total
enrollment
capacity
for
the
next
1
school
year,
and
an
advisory
that
all
prospective
students
will
be
given
2
the
opportunity
to
enroll
in
the
public
charter
school
regardless
of
race,
3
color,
national
origin,
ethnicity,
religion,
gender,
socioeconomic
status,
4
or
special
needs.
5
(a)
(i)
If
initial
capacity
is
insufficient
to
enroll
all
pupils
6
who
submit
a
timely
application,
then
the
admission
procedures
7
may
provide
that
preference
shall
be
given
in
the
following
order:
8
first,
to
9
1.
To
children
of
founders,
provided
that
this
admission
10
preference
shall
be
limited
to
not
more
than
ten
percent
1
1
(10%)
of
the
capacity
of
the
public
charter
school;
second,
12
to
13
2.
To
siblings
of
pupils
already
selected
by
the
lottery
or
14
other
random
method
,
including
children
in
foster
care,
as
15
that
term
is
defined
in
section
16
-
1602,
Idaho
Code,
who
are
16
placed
in
a
home
with
pupils
already
selected
by
the
lottery
17
or
other
random
method
;
third,
to
18
3.
To
the
following
in
any
order
chosen
by
the
public
charter
19
school:
20
(A)
To
children
of
families
with
at
least
one
(1)
par
-
21
ent
or
legal
guardian
who
is
on
active
duty
or
on
active
22
guard
and
reserve
duty,
as
those
terms
are
defined
in
10
23
U.S.C.
101;
24
(B)
To
pupils
seeking
to
transfer
from
another
Idaho
25
public
charter
school
or
authorizer
at
which
they
have
26
been
enrolled
for
at
least
one
(1)
year,
provided
that
27
this
admission
preference
shall
be
subject
to
an
exist
-
28
ing
written
agreement
for
such
preference
between
the
29
subject
charter
schools
or
authorizer;
fourth,
to
and
30
(C)
To
students
residing
within
the
primary
attendance
31
area
of
the
public
charter
school;
and
fifth,
by
32
4.
By
an
equitable
selection
process
such
as
a
lottery
or
33
other
random
method.
34
(ii)
A
public
charter
school
may
weight
the
school's
lottery
35
to
preference
admission
for
the
following
educationally
dis
-
36
advantaged
students:
students
living
at
or
below
one
hundred
37
eighty
-
five
percent
(185%)
of
the
federal
poverty
level,
students
38
who
are
homeless
or
in
foster
care,
children
with
disabilities
39
as
defined
in
section
33
-
2001,
Idaho
Code,
students
with
limited
40
English
proficiency,
and
students
who
are
at
-
risk
as
defined
in
41
section
33
-
1001,
Idaho
Code.
A
public
charter
school
may
in
-
42
clude
the
children
of
full
-
time
employees
of
the
public
charter
43
school
within
the
first
priority
group,
subject
to
the
limitations
44
therein.
45
(b)
If
capacity
is
insufficient
to
enroll
all
pupils
who
submit
a
timely
46
application
for
subsequent
school
terms,
then
the
admission
procedures
47
may
provide
that
preference
shall
be
given
in
the
following
order:
48
first,
to
pupils
returning
to
the
public
charter
school
in
the
second
49
or
any
subsequent
year
of
its
operation;
and
then
as
provided
in
para
-
50
5
graph
(a)
of
this
subsection.
The
sibling
preference
in
subsequent
1
school
years
applies
to
siblings
of
a
returning
pupil
and
of
a
pupil
2
selected
by
the
lottery
or
other
random
method.
A
new
lottery
shall
be
3
conducted
each
year
to
fill
vacancies
that
become
available.
A
public
4
charter
school
may
weight
the
school's
lottery
to
preference
admission
5
as
provided
in
this
paragraph
and
paragraph
(a)
of
this
subsection
and
6
for
children
who
attended
the
public
charter
school
within
the
previous
7
three
(3)
school
years
but
withdrew
as
a
result
of
the
relocation
of
a
8
parent
or
guardian
due
to
an
academic
sabbatical
or
an
employer
or
mili
-
9
tary
transfer
or
reassignment.
10
(c)
Each
public
charter
school
shall
establish
a
process
under
which
a
1
1
child
may
apply
for
enrollment
or
register
for
courses,
regardless
of
12
where
such
child
resides
at
the
time
of
application
or
registration,
if
13
the
child
is
a
dependent
of
a
member
of
the
United
States
armed
forces
14
who
has
received
transfer
orders
to
a
location
in
Idaho
and
will,
upon
15
such
transfer,
reside
in
an
area
served
by
the
public
charter
school.
16
If
capacity
is
insufficient
as
described
in
paragraph
(a)
or
(b)
of
this
17
subsection,
a
child
described
in
this
paragraph
shall
be
treated
as
a
18
student
residing
within
the
primary
attendance
area
of
the
public
char
-
19
ter
school
for
purposes
of
preference.
Otherwise,
such
children
shall
20
be
included
in
the
highest
priority
group
for
which
they
would
otherwise
21
be
eligible.
22
(d)
Admission
to
a
public
charter
school
shall
be
determined
by
a
selec
-
23
tion
process
held
within
seven
(7)
days
of
the
enrollment
deadlines
es
-
24
tablished
by
the
charter
holder.
The
selection
process
must
take
place
25
in
a
public
setting,
the
date
and
time
of
which
must
be
noticed
to
the
26
public
at
least
forty
-
eight
(48)
hours
in
advance.
27
(e)
Within
seven
(7)
days
after
conducting
the
selection
process,
the
28
charter
holder
shall
send
an
offer
to
the
legal
guardian
who
submitted
a
29
written
request
for
admission
on
behalf
of
a
student
notifying
such
per
-
30
son
that
the
student
has
been
selected
for
admission
to
the
public
char
-
31
ter
school.
An
offer
must
be
signed
by
such
student's
parent
or
guardian
32
and
returned
to
the
public
charter
school
by
the
date
designated
in
such
33
offer
letter.
Remaining
students
shall
be
notified
that
they
may
be
el
-
34
igible
for
admission
at
a
later
date
if
a
seat
becomes
available.
35
(f)
If
a
school
exceeds
its
projected
student
count
in
a
lottery
and
36
a
sufficient
wait
list
exists,
the
school
may
increase
enrollment
by
37
adding
additional
students
per
grade,
not
to
exceed
the
total
amount
of
38
students
authorized
by
the
charter.
39
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
40
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
41
July
1,
2026.
42